The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1887-03-24

tne enus OF Justlce. A majority OF the COM
transaction OF business, but no commissioner
shali participate In any hearing or proceeding
IN which he has any pecuniary interest Said
amend such general rules or orders as may be
requisite for the order and regulation Of pro-
ceedings before 1t, including forms Of notices
nearly as may be to those in use in the courts
OF this state. ANY party may appear before
before such Commission and be heard in person
the commission shall be entered OF record and
its proceedings shall be public upon the request
OF either party interested. or at the discretion
an official seal which shall be judiciaiy noticed
Any member OF the commission may administer
oatns and aftirmat:ons. The principal office Of
where its general sessions shall be held.
g) Whenever the convenience of the public,
or OF the parties, may be promoted. or delay or
expenses prevented thereby, the commission may
hold special sessions in any part Of the state It
may. by one, or more OF the commissioners pros
ecute any inquiry necessary to its duties in any
part OF me state. into any matter or question Of
fact pertaining to the business Of any common
carrier subject to the provisions Of this act.
I'M The attorney general OF tho State OF Min
nesota sbail be x-oficio attorney for the COM
mission, and shall give them such counsel and
advice as they may from time to time require;
and he shall institute and prosecute any and all
suits which said railroad and warehouse COM
institute: and he shall render to such railroad
and warehouse commission all counsel. advice
and assistance necessary to carry out the pro-
visions OF this act OF any law of this state, &C.
cording to the true intent and meaning thereof.
1t shall likewise be the duty Of the county at
torney OF any county in which suit is instituted
or prosecuted, to aid in the prosecution OF the
same to hnal issue upon the request Of such
commission. Said commission are hereby
authorized, when the facts iu any given case
shall In their JUDGMENT warrant, to employ
any and all additional legal counsel that
they may think proper, expedient and
necessary to assist the attorney general Or
any county attorney in the conduct and
prosecution of ANY. suit they may deter
mine to bring under the provisions Of this act,
or Of any law Of this state.
created shall have authority to inquire into the
management Of the business OF all common car
riers' subject to the PROVISIONS OF this act. and
method in which the same is conducted. and
shall have the right to obtain from such COM
mon carriers full and complete information,
the duties and carry out the objects for which it
was created: In order to enable said commits
sioners efficiently to perform their duties under
one of their number to visit the various stations
on the lines Of each railroad as often as practi-
cable, after giving twenty days notice Of such
newspapers, aud At least once in twelve months
to visit each county in the state in which
is or shall be located railroad station
ment Of such railroad business, and for this pur-
pose, oil railroad companies and common car
riers, and their officers and employees. are re-
quired to aid and furnish each member of the
railroad and warehouse commission with reason
able and proper facilities aud each one, or all Of
the members OF such commission, and their as
sistants shall have the right, in his or their Of
c1al capacity, to pass freesQn any railroad trains
on all railroads in this state, and to enter and
remain in ut all suitable times, any and all cars
railroad company, in this state, in the perform
ance of official duties; and whenever, in the
Judgment OF the commission, it shall appear that
any common carrier fails in any respect O: par
ticular to comply with the laws Of this STAGE. or
whenever in their judgment, any repairs are
necessary upon its railroad, or any addition to
necessary, or any change in the mode of operat-
ing its road or conducting its business is reas-
enable or expedient in order to promote the Sc
curity. convenience. and accommodation of the
wrtius, BE- served as a0''' su an9aeSi in
civil actions is required to be served by
the statutes Of this state, in actions against
corporations. certified by the comms ssjons clerk
or secretary, and if such common carrier shall
neglect or refuse to comply with such order.
cause suits or proceedings to be instituted to
enforce its orders as provided in this act.
SEC II. !a) That in case any common carrier,
subject to the provisions OF this act. shall do,
cause to be done, or permit to be done, any act
or thing in this act prohibited, declared to be
unlawful, or shall omit to do any act. matter or
thing in this act required to be done, such COM
mon carrier shall be liable to the person or per-
sons, party or parties injured thereby, for the
full amount Of damages sustained, in conse-
Quence Of any such violation OF the provisions
OF this act, together with a reasonable counsel
or attorneys fee to be fixed by the court in
every case OF recovery, which attorneys fee shall
be taxed and collected as part Of the costs in the
case.
o. That anv person or persons. party or
parties claiming to be damaged by the action or
non action OF any common carrier, subject to the
provisions OF this act, may either make
provided for, or may bring suit in his or their own
behalf for the recovery OF the damages for which
such common carrier may be liable under the
the state. Of competent jurisdiction: but such
person or persons shall not have the right to
pursue both Of said remedies at the same time.
(c) In any such action brought for the re.
cOvery OF damages the court before which the
same shall be pending may compel any director,
officer, receiver, trustee or agent of any corpora
tend. appear and testify in such case, and may
compel the production Of the books and papers
OF such corporation or company. party to any
such suit; the claim that any such testimony or
evidence may tend to criminate the person Civ
ing such evidence shall not excuse such witness
from testitying, but such evidence or testimony
shall not be used against such person on the trial
OF any criminal proceeding.
SEC ~. That any common carrier, subject
to the provisions Of this act, or whenever such
common carrier is corporation, any director or
lessee.
agent or person acting for, or employed by such
corporation, who, alone or with any other COR
porat1on, company, person or party. shall will
fully 90 or cause to be done, or shall willfully
suffer or permit to be done, any act matter or
thing in this act prohibited or declared to be
unlawful. or who shall aid or abet therein, or
shall willfully omit or fail to do any act, matter
or thing in this act required to be done. OF shall
cause or willingly suffer or permit any act. mat
ter or thing SO directed or required by this act
to be done, not to be 80 doue or shall aid or abet
omission. Dn11tv nv
w1lful ATTRACTION OF this act, shall aid abet
therein, shall be deemed guilty Of violation Of
the provisions this act and shall, upon convc-
tion thereof in any district court of the state
within the jurisdiction of which such offense
was committed, be subject to a penalty.of not
less than two thousand five hundred dollars or
offcnse, and not less than five thousand dollars
or more than ten thousand dollars for each SUBJ
SEC Is. (a) That any person, firm, corpora
ton or association, or any mercantile, agricult-
ural or manufacturing society, or any body
polite or municipal organization, complaining
OF anything done or omitted to be done by any
common carrier, subject to the provisions of
this act, IN contravention Of the provisions
thereof, may apply to said commission by petit
tion. which shall briefly state the facts.
(b) Whereupon statement of the charges
thus made shall be forwarded BY the commits
sion to such common carrior, who shall be called
same in writing within reasonable time, to be
specified by the commission. If such common
carrier, within the time specified, shall make
reparation for the injury alleged to have been
done, said carrier shall be relieved of liability
to the complainant only, for the particular vio-
lation of law thus complained Of. II such car
rier shall not satisfy the complaint within the
time specified, or there shall appear to be any
reasonable ground for investigating said COM
plaiht, it shall be the duty Of the commission
planned of in such manner and by such
means as it shall deem proper. No
complaint shall at any time be dismissed be-
cause of absence of direct damage to the COM